2013 Fiscal Year Final Research Report

Over the relationship between the effect of globally-securities and the sale by debtor in ABL

Research Project

Project/Area Number	23530086
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Multi-year Fund
Section	一般
Research Field	Civil law
Research Institution	University of Tsukuba
Principal Investigator	IKEDA Masanori 筑波大学, ビジネスサイエンス系, 教授 (20261266)
Project Period (FY)	2011 – 2013
Keywords	集合財産 / 集合財産担保 / 集合動産譲渡担保 / 集合債権譲渡担保 / ABL / 倒産法 / 事業再生 / 流動資産担保
Research Abstract	In the bottom of the German method about the tendency of the effect of the flow property security in ABL, by having especially set the German method as the object of the comparison method, In the aspect of affairs where a mortgage settlor's management is changing favorably, As opposed to having secured mobility flexibly by conferment of disposal authority, although the effect is deductively defined from the legal composition of flow property security, When a settlor's financial health got worse and it went into a bankruptcy phase, it became clear that change is added to the form where only preferential liquidation can only be received through execution of the right of a mortgage by a bankruptcy trustee, so to speak at legal characterization of lien. This result gives the big suggestion about the effect of the flow property security in ABL of our country.